The Sindh government has filed an appeal with the Supreme Court against halting the trial of civilians in military courts.
The provincial government has requested the apex court nullify the decision to stop the trial of civilians in military courts.
A request was also made to suspend the decision of the Supreme Court against the military court trials until a decision on the appeal of the Sindh government was made.
The application maintains that those accused of attacks on military installations should be tried in military courts. The Supreme Court did not properly review the law and facts of the case.
Also Read: SC declares trial of civilians in military courts unconstitutional
The Sindh government also requested to restore the repealed provisions of the Army Act and the Official Secrets Act. It maintained that the suspects themselves requested that their trial be conducted in military courts.
The appeals against trials in military courts were not maintainable, the appeal states. It adds that the judgment did not specify which fundamental rights were being affected.
There is a right to appeal to the army chief and high courts against the decision of military courts, the appeal claims.
The court could have asked the petitioners to refer to the relevant forum, it added.
On October 23, the Supreme Court had declared that the trial of civilians cannot be conducted in military courts. It declared Section 2(D)(1) of the Army Act unconstitutional by a majority of 4-1.
The court has ruled that the 102 civilians accused of May 9 violence cannot be tried in military courts and their cases should be heard in civilian criminal courts.
